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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    International

Date & Time
  • event Date

    Wednesday, July 14, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will guide counsel to multinational companies operating in China on China's new Blocking Statute and Anti-Foreign Sanctions Law. The panel will examine these new laws and their impact on multinational companies in China. The panel will address the obligations placed on multinational companies and their China-based affiliates and offer best practices for ensuring compliance.

Faculty

Melissa Duffy
Partner
Miscellaneous
Giovanna M. Cinelli
Partner
Morgan, Lewis & Bockius LLP

Ms. Cinelli is the leader of the firm’s international trade and national security practice. As a practitioner for more than 30 years, she counsels clients in the defense and high-technology sectors on a broad range of issues affecting national security and export controls, including complex export compliance matters, audits, cross-border due diligence, and export enforcement, both classified and unclassified. Ms. Cinelli handles complex civil and criminal export-related investigations and advises on transactional due diligence for regulatory requirements involving government contracts, export policy, and compliance, as well as settlement of export enforcement actions before the U.S. departments of State, Commerce, Treasury, and Defense, and related agencies. Ms. Cinelli regularly speaks and writes on international arms trade, technology transfer, national security cross-border requirements, and export issues. She has participated in panel discussions related to CFIUS and technology transfer hosted by the Center for Strategic and International Studies and the Council on Foreign Relations.

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Benjamin Kostrzewa
Foreign Legal Consultant
Hogan Lovells

Mr. Kostrzewa served as assistant general counsel at the Office of the U.S. Trade Representative (USTR), where he handled U.S.-China disputes and negotiations, World Trade Organization (WTO) disputes, and free trade agreement (FTA) negotiations. He advises clients in the ever-changing area of international trade law with a focus on the Asia-Pacific region. Mr. Kostrzewa’s experience at the USTR and deep knowledge of the greater China market uniquely position him to assist global clients in navigating U.S. export controls, Section 301, U.S.-China trade disputes, U.S. sanctions policies, and other complex trade law challenges. Mr. Kostrzewa assists his clients on the full spectrum of trade issues, including cross-border export controls and sanctions investigations, Section 301, anti-dumping and countervailing duty matters, FTA negotiations, Section 232 and Section 301 exclusion applications, customs issues, Committee on Foreign Investment in the United States filings, and WTO and FTA disputes. He represents clients before the USTR; Departments of Commerce, State, and Treasury; International Trade Commission; WTO; and U.S. Customs and Border Protection.

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Description

In January 2021, China's Ministry of Commerce (MOFCOM) published The Rules on Counteracting Unjustified Extraterritorial Application of Foreign Legislation and Sanctions (the Blocking Statute), which was immediately effective. Similarly, the National People’s Congress passed the Anti-Foreign Sanctions Law on June 10, 2021. These laws are intended to counter the impact of foreign sanctions on Chinese persons.

Multinational companies that comply with sanctions against China or Chinese persons considered illegal under the Blocking Statute or the Anti-Sanction Law may face litigation. The Blocking Statute provides a legal basis and avenue to allow Chinese citizens and organizations to seek remedies resulting from economic and trade restrictions with persons and organizations of other countries. Similarly, Anti-Foreign Sanctions Law authorizes sanctions and counter-sanctions against individuals and organizations who, directly or indirectly, implement “discriminatory restrictive measures” against Chinese persons.

Companies subject to both foreign sanctions requirements and the new laws will likely face challenges in complying with both. Companies that have commercial contracts with Chinese entities should carefully review them to ensure compliance with the different applicable laws.

Listen as our authoritative panel of international trade attorneys examines China's new laws and related developments and the impact on multinational companies operating in China. The panel will address the obligations placed on multinational companies and their China-based affiliates. The panel will also discuss the need to review commercial contracts and new hurdles in diligence with Chinese entities to ensure compliance.

Outline

  1. China's new Blocking Statute and the Anti-Foreign Sanctions Law
    • Reporting obligations
    • Implicated foreign laws
    • Exemption
    • Private right of action
    • Noncompliance
  2. Implications for multinational companies
    • Obligations on multinationals
    • Reporting obligations
    • Diligence questions
    • Potential liability and exposure to litigation
    • Impact on affiliates
  3. Best practices
    • Compliance
    • Reviewing commercial contracts with Chinese entities

Benefits

The panel will review these and other key issues:

  • What do China's new laws mean for multinational companies operating in China?
  • What steps should multinational companies in China take when facing inconsistent compliance obligations?
  • What penalties could result from noncompliance?